Goldwater-Nichols Department of Defense Reorganization Act of 1986 PDF

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1986

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This is an act to reorganize the Department of Defense and strengthen civilian authority. It details revisions to military advice, combatant command functions, and joint officer personnel policies. It aims to improve efficiency in defense resource use and enhance military effectiveness.

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100 STAT. 992 PUBLIC LAW 99-433—OCT. 1, 1986 Public Law 99-433 99th Congress An Act To reorganize the Department of Defense and strengthen civilian...

100 STAT. 992 PUBLIC LAW 99-433—OCT. 1, 1986 Public Law 99-433 99th Congress An Act To reorganize the Department of Defense and strengthen civilian authority in the Department of Defense, to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense, to place clear respon- sibility on the commanders of the unified and specified combatant commands for Oct. 1, 1986 the accomplishment of missions assigned to those commands and ensure that the authority of those commanders is fully commensurate with that responsibility, to [H.R. 3622] increase attention to the formulation of strategy and to contingency planning, to provide for more efficient use of defense resources, to improve joint officer manage- ment policies, otherwise to enhance the effectiveness of military operations and improve the management and administration of the Department of Defense, and for other purposes. Be it enacted by the Senate and House of Representatives of the Goldwater- United States of America in Congress assembled, Nichols Department of SECTION 1. SHORT TITLE; TABLE OF CONTENTS Defense Reorganization (a) SHORT TITLE.—This Act may be cited as the "Goldwater- Act of 1986. Nichols Department of Defense Reorganization Act of 1986". Armed Forces. (h) TABLE OF CONTENTS.—The table of contents of this Act is as Defense and follows: national security. 10 u s e 111 note. Sec. 1. Short title; table of contents. Sec. 2. References to title 10, United States Code. Sec. 3. Policy. TITLE I—DEPARTMENT OF DEFENSE GENERALLY Sec. 101. Organization of the Department of Defense. Sec. 102. Powers and duties of the Secretary of Defense. Sec. 103. Modification of authority of Secretary of Defense to reorganize the Department of Defense. Sec. 104. Office of the Secretary of Defense. Sec. 105. Under Secretary for Policy and Director of Defense Research and En- gineering. Sec. 106. Assistant Secretaries of Defense. Sec. 107. Comptroller of the Department of Defense. Sec. 108. Inspector General of the Department of Defense. Sec. 109. Management studies of Office of the Secretary of Defense. Sec. 110. Technical and conforming amendments. TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS PART A—JOINT CHIEFS OF STAFF Sec. 201. Revised functions of Chairman; establishment of Vice Chairman. Sec. 202. Provisions relating to Vice Chairman. Sec. 203. Participation in National Security Council meetings. Sec. 204. Transition. PART B—COMBATANT COMMANDS Sec. 211. Establishment of combatant commands and authority of commanders. Sec. 212. Initial review of combatant commands. Sec. 213. Repeal of certain limitations on command structure. Sec. 214. Transition... PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 993 TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES Sec. 301. Establishment and management of Defense Agencies and Department of Defense Field Activities. Sec. 302. Definitions of Defense Agency and Department of Defense Field Activity. Sec. 303. Reassessment of Defense Agencies and DOD Field Activities. Sec. 304. Transition. TITLE IV—JOINT OFFICER PERSONNEL POLICY Sec. 401. Joint officer management. Sec. 402. Promotion procedures for joint officers. Sec. 403. Consideration of joint duty in senior general and flag officer appoint- ments and advice on qualifications. Sec. 404. Joint duty assignment as prerequisite for promotion to general or flag officer grade. Sec. 405. Annual report on implementation. Sec. 406. Transition. TITLE V—MILITARY DEPARTMENTS PART A—DEPARTMENT OF THE ARMY Sec. 501. The Army Secretariat. Sec. 502. The Army Staff. Sec. 503. Authority to organize Army into commands, forces, and organizations PART B—DEPARTMENT OF THE NAVY Sec. 511. The Navy Secretariat. Sec. 512. Office of the Chief of Naval Operations. Sec. 513. Headquarters, Marine Corps. Sec. 514. Technical and clerical amendments. PART C—DEPARTMENT OF THE AIR FORCE Sec. 521. The Air Force Secretariat. Sec. 522. The Air Staff. Sec. 523. Authority to organize Air Force into separate organizations. PART D—GENERAL CONFORMING AMENDMENTS AND TRANSITION PROVISIONS Sec. 531. Conforming amendments. Sec. 532. Transition. TITLE VI—MISCELLANEOUS Sec. 601. Reduction in personnel assigned to management headquarters activi- ties and certain other activities. Sec. 602. Reduction of reporting requirements. Sec. 603. Annual report on national security strategy. Sec. 604. Legislation to make required conforming changes in law. Sec. 605. General technical amendments. SEC. 2. REFERENCES TO TITLE 10, UNITED STATES CODE Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be consid- ered to be made to a section or other provision of title 10, United -h States Code. SEC. 3. POLICY 10 u s e 111 note. In enacting this Act, it is the intent of Congress, consistent with the congressional declaration of policy in section 2 of the National Security Act of 1947 (50 U.S.C. 401)— (1) to reorganize the Department of Defense and strengthen civilian authority in the Department; (2) to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense; 7 1 _ 1 Q A n _ On _ "3/.. m o r> ,4-1 100 STAT. 994 PUBLIC LAW 99-433—OCT. 1, 1986 (3) to place clear responsibility on the commanders of the unified and specified combatant commands for the accomplish- ment of missions assigned to those commands; (4) to ensure that the authority of the commanders of the unified and specified combatant commands is fully commensu- rate with the responsibility of those commanders for the accom- plishment of missions assigned to their commands; (5) to increase attention to the formulation of strategy and to contingency planning; (6) to provide for more efficient use of defense resources; (7) to improve joint officer management policies; and (8) otherwise to enhance the effectiveness of military oper- ations and improve the management and administration of the Department of Defense. TITLE I—DEPARTMENT OF DEFENSE GENERALLY SEC. 101. ORGANIZATION OF THE DEPARTMENT OF DEFENSE 10 use 101 et (a) REORGANIZATION OF CODE.—(1) Part I of subtitle A is amended ««9- by inserting after chapter 1 the following new chapter: "CHAPTER 2—DEPARTMENT OF DEFENSE "Sec. V n "111. Executive department. "112. Department of Defense: seal. "113. Secretary of Defense. "114. Annual authorization of appropriations. "115. Annual authorization of personnel strengths; annual manpower requirements report. "116. Annual operations and maintenance report. "117. Annual report on North Atlantic Treaty Organization readiness. "118. Sale or transfer of defense articles: reports to Congress.". 10 use 131 et (2) The sections of chapter 4 listed in the left-hand column of the s«9- following table are transferred (in the order they appear in that column) to the end of chapter 2 of such title, as added by paragraph (1), and are redesignated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: New sections of Existing sections of chapter 4: chapter 2 131 Ill 132 112 133 113 138 114 133a 117 133b 118 (3) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that 10 use 121 et column) to the end of chapter 3 of such title and are redesignated in seq. accordance with the corresponding section numbers in the right- hand column of the table, as follows: New sections of Existing sections of chapter 4: chapter 3 140 127 140a 128 140b 129 140c 130 10 u s e 2201 et (4) P a r t IV of subtitle A is amended by inserting after chapter 143 seq- the following new chapter: PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 995 "CHAPTER 144—OVERSIGHT OF COST GROWTH IN MAJOR PROGRAMS "Sec. "2431. Weapons development and procurement schedules. ^ "2432. Selected Acquisition Reports. ' " "2433. Unit cost reports. "2434. Independent cost estimates.". (5) The sections of chapter 4 listed in the left-hand column of the following table are transferred (in the order they appear in that column) to chapter 144, as added by paragraph (4), and are redesig- nated in accordance with the corresponding section numbers in the right-hand column of the table, as follows: New sections of Existing sections of chapter 4: chapter 3 139 2431 139a 2432 139b 2433 139c 2434 (6) The heading of chapter 4 is amended to read as follows: "CHAPTER 4—OFFICE OF THE SECRETARY OF DEFENSE". (7) Chapter 4 is amended by redesignating sections of such chapter listed in the left-hand column of the following table in accordance with the corresponding section numbers in the right-hand column of the table, as follows: Existing sections: New sections 134 132 134a 133 136a 138 137 139 (b) ELEMENTS OF THE DEPARTMENT.—Section 111 (as transferred and redesignated by subsection (aX2)) is amended— (1) by inserting "(a)" before "The Department of Defense"; and (2) by adding at the end the following: "(b) The Department is composed of the following: "(1) The Office of the Secretary of Defense. "(2) The Joint Chiefs of Staff. "(3) The Joint Staff. "(4) The Defense Agencies. "(5) Department of Defense Field Activities. "(6) The Department of the Army. "(7) The Department of the Navy. "(8) The Department of the Air Force. "(9) The unified and specified combatant commands. "(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. "(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). "(c) If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other President of U.S. than those described in paragraphs (1) through (9) of subsection (b). 100 STAT. 996 P U B L I C LAW 99-433—OCT. 1, 1986 the President shall notify Congress not later than 60 days thereafter.". SEC. 102. POWERS AND DUTIES OF THE SECRETARY OF DEFENCE Post, pp. 1022, Section 113 (as transferred a n d redesignated by section 101(a)(2)) is 1075. amended b y adding a t t h e e n d t h e following n e w subsections: "(f) W h e n a vacancy occurs in a n office within t h e D e p a r t m e n t of Defense a n d t h e office is to be filled by a person appointed from civilian life by t h e President, b y a n d w i t h t h e advice a n d consent of t h e Senate, t h e Secretary of Defense shall inform t h e P r e s i d e n t of t h e qualifications needed by a person serving in t h a t office to carry out effectively t h e duties a n d responsibilities of t h a t office. "(gXD T h e Secretary of Defense, w i t h t h e advice a n d assistance of t h e C h a i r m a n of t h e J o i n t Chiefs of Staff, shall provide a n n u a l l y to t h e heads of D e p a r t m e n t of Defense components w r i t t e n policy guidance for t h e p r e p a r a t i o n a n d review of t h e p r o g r a m rec- ommendations a n d budget proposals of t h e i r respective components. Such guidance shall include guidance on— "(A) n a t i o n a l security objectives a n d policies; "(B) t h e priorities of m i l i t a r y missions; a n d "(C) t h e resource levels projected to be available for t h e period of t i m e for which such recommendations a n d proposals a r e to be effective. "(2) T h e Secretary of Defense, w i t h t h e approval of t h e President a n d after consultation w i t h t h e C h a i r m a n of t h e J o i n t Chiefs of Staff, shall provide a n n u a l l y t o t h e C h a i r m a n w r i t t e n policy guid- ance for t h e p r e p a r a t i o n a n d review of contingency plans. Such guidance shall include guidance on t h e specific force levels a n d specific supporting resource levels projected t o b e available for t h e period of t i m e for which such plans a r e to b e effective. "(h) T h e Secretary of Defense shall keep t h e Secretaries of t h e military d e p a r t m e n t s informed w i t h respect to military operations a n d activities of t h e D e p a r t m e n t of Defense t h a t directly affect t h e i r respective responsibilities.". SEC. 103. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE TO REORGANIZE THE DEPARTMENT OF DEFENSE Post, pp. 1022, Section 125 is amended— 1055. (1) by striking o u t "unless t h e S e c r e t a r y " in t h e second sentence of subsection (a) a n d all t h a t follows in t h a t subsection a n d inserting in lieu thereof a period; a n d (2) by inserting "vested by law in t h e D e p a r t m e n t of Defense, or a n officer, official, or agency t h e r e o f in subsection (b) after "function, power, or d u t y ". SEC. 104. OFFICE OF THE SECRETARY OF DEFENSE Chapter 4 (as amended by section 101(a)) is further amended by inserting after the table of sections the following new section: "§ 131. Office of the Secretary of Defense "(a) There is in the Department of Defense an Office of the Secretary of Defense. The function of the Office is to assist the Secretary of Defense in carr3dng out his duties and responsibilities and to carry out such other duties as may be prescribed by law. "(b) The Office of the Secretary of Defense is composed of the following: "(1) The Deputy Secretary of Defense. ^ PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 997 "(2) The Under Secretary of Defense for Acquisition. "(3) The Under Secretary of Defense for Policy. "(4) The Director of Defense Research and Engineering. "(5) The Assistant Secretaries of Defense. "(6) The Comptroller of the Department of Defense. "(7) The Director of Operational Test and Evaluation. "(8) The General Counsel of the Department of Defense. "(9) The Inspector General of the Department of Defense. "(10) Such other offices and officials as may be established by law or the Secretary of Defense may establish or designate in the Office. "(c) Officers of the armed forces may be assigned or detailed to permanent duty in the Office of the Secretary of Defense. However, the Secretary may not establish a military staff in the Office of the Secretary of Defense. "(d) The Secretary of each military department, and the civilian employees and members of the armed forces under the jurisdiction of the Secretary, shall cooperate fully with personnel of the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.". SEC. 105. UNDER SECRETARY FOR POLICY AND DIRECTOR OF DEFENSE ij o; RESEARCH AND ENGINEERING Chapter 4 is further amended— (1) by striking out the heading and subsection (a) of section 135 and inserting in lieu thereof the following: "§ 134. Under Secretary of Defense for Policy lo use 134 "(a) There is an Under Secretary of Defense for Policy, appointed from civilian life by the President, by and with the advice and consent of the Senate. A person may not be appointed £is Under Secretary within 10 years after relief from active duty £is a commis- sioned officer of a regular component of an armed force. "(b)(1) The Under Secretary shall perform such duties and exer- cise such powers as the Secretary of Defense may prescribe. "(2) The Under Secretary shall assist the Secretary of Defense— "(A) in preparing written policy guidance for the preparation and review of contingency plans; and "(B) in reviewing such plans. "(c) The Under Secretary takes precedence in the Department of Defense after the Secretary of Defense, the Deputy Secretary of Defense, and the Secretaries of the military departments. "§ 135. Director of Defense Research and Engineering "(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate."; and (2) by striking out the first sentence of subsections Ot)) and (c) of section 135 (as designated by paragraph (1)). SEC. 106. ASSISTANT SECRETARIES OF DEFENSE (a) REPEAL OF SPECIFICATION OF CERTAIN ASSISTANT SECRETARIES.— Subsection (b) of section 136 is amended— (1) by striking out paragraphs (2) and (3); (2) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and 100 STAT. 998 PUBLIC LAW 99-433—OCT. 1, 1986 (3) by striking out paragraph (6). (b) PRECEDENCE.—Subsection (e) of such section is amended— (1) by striking out "and the Under Secretaries of Defense" and inserting in lieu thereof "the Under Secretaries of Defense, and the Director of Defense Research and Engineering"; and (2) by adding at the end the following new sentence: "The Assistant Secretaries take precedence among themselves in the order prescribed by the Secretary of Defense.. (c) CONFORMING AMENDMENTS.—Such section is further amended— (1) in subsection (c)— (A) by striking out "him" in paragraph (1) and inserting in lieu thereof "the Assistant Secretary ; and (B) by striking out ", or his designee" in paragraph (2); (2) by striking out subsection (d); and (3) by redesignating subsection (e) (as amended by subsection (b) of this section) as subsection (d). SEC. 107. COMPTROLLER OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 136 the following new section: 10 use 137. "§ 137. Comptroller "(a) There is a Comptroller of the Department of Defense, ap- pointed from civilian life by the President, by and with the advice and consent of the Senate. "(b) The Comptroller shall perform such duties and exercise such powers as the Secretary of Defense may prescribe. "(c) The Comptroller shall advise and assist the Secretary of Defense— "(1) in performing such budgetary and fiscal functions and duties, and in exercising such budgetary and fiscal powers, as are needed to carry out the powers of the Secretary; "(2) in supervising and directing the preparation of budget estimates of the Department of Defense; "(3) in establishing and supervising the execution of prin- ciples, policies, and procedures to be followed in connection with organizational and administrative matters relating to— "(A) the preparation and execution of budgets; "(B) fiscal, cost, operating, and capital property account- ing; and "(C) progress and statistical reporting; "(4) in establishing and supervising the execution of policies and procedures relating to the expenditure and collection of funds administered by the Department of Defense; and "(5) in establishing uniform terminologies, classifications, and procedures concerning matters covered by clauses (1) through (4).". SEC. 108. INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE Chapter 4 is further amended by inserting after section 139 (as redesignated by section 101(a)) the following new section: "§ 140. Inspector General "(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. App. 3). PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 999 "(b) The Inspector General performs the duties, has the respon- sibiHties, and exercises the powers specified in the Inspector General Act of 1978.". 5 u s e app. SEC. 109. MANAGEMENT STUDIES OF OFFICE OF THE SECRETARY OF 10 USC131 note. DEFENSE (a) SECRETARY OF DEFENSE STUDY.—The Secretary of Defense shall conduct a study of the functions and organization of the Office of the Secretary of Defense. The study shall consider whether the present allocation of functions to, and the organizational structure of, the Office constitute the most effective, efficient, and economical alloca- tion and structure of the Office to assist the Secretary in carrying out his duties and responsibilities. The study shall include consider- ation of each of the matters specified in subsection (d). (b) SERVICE SECRETARIES JOINT STUDY.—(1) The Secretaries of the military departments shall conduct a joint study of the functions and organization of the Office of the Secretary of Defense. The study shall be conducted independently of the study conducted by the Secretary of Defense under subsection (a). The Secretaries shall Reports. submit a joint report to the Secretary of Defense on such study at a time specified by the Secretary. Except as provided in paragraph (2), the report shall include a discussion of and recommendations concerning each of the matters specified in subsection (d). (2) The Secretary of Defense shall determine the extent to which, and prescribe the procedures under which, the Secretaries of the military departments shall study the matters specified in subsection (dXlXA) relating to contingency planning and military operations. (c) CHAIRMAN OF J C S STUDY.—The Chairman of the Joint Chiefs of Staff shall conduct a study of the functions and organization of the Office of the Secretary of Defense. The study shall be conducted independently of the study conducted by the Secretary of Defense under subsection (a). The Chairman shall submit a report to the Reports. Secretary of Defense on such study at a time specified by the Secretary. The report shall include a discussion of and recommenda- tions concerning the matters specified in paragraphs (1)(C), (IXD), (2), (3), (5), and (6) of subsection (d). (d) MATTERS TO B E INCLUDED.—The study required by subsection (a) shall include consideration of the following: (1) Whether the present organization of the Office— (A) is optimally structured to assist the Secretary of Defense in the effective exercise of civilian control of the Department of Defense, including civilian control of— (i) defense policy development and strategic planning; (ii) program and budget development; (iii) policy, program, and budget execution; (iv) contingency planning; and (v) military operations; (B) is the most effective and efficient organization for the initiation, development, and articulation of defense policy; (C) ensures that strategic planning and contingency plan- ning are linked to, and derived from, national security strategy, policies, and objectives; and (D) inhibits integration of the capabilities of the Armed Forces along mission lines. 100 STAT. 1000 PUBLIC LAW 99-433—OCT. 1, 1986 (2) Whether the planning, programming, and budgeting system of the Department of Defense (including the role of the Office in such system) needs to be revised— (A) to strengthen strategic planning and policy direction; (B) to ensure that strategic planning is consistent with national security strategy, policies, and objectives; (C) to ensure that there is a sufficient relationship be- tween strategic planning and the resource levels projected to be available for the period for which the planning is to be effective; (D) to ensure that strategic planning and program devel- opment give sufficient attention to alliances with other nations; (E) to provide for more effective oversight, control, and evaluation of policy, program, and budget execution; and (F) to ensure that past program and budget decisions are effectively evaluated, that such evaluations are supported by consistent, complete, and timely financial and perform- ance data, and that such evaluations are fully considered in the next planning, programming, and budgeting cycle. (3) Whether the major force program categories of the Five- Year Defense Plan could be restructured to better assist decisionmaking and management control. (4) Means to improve and strengthen the oversight function within each element of the Office in policy areas not addressed by the planning, programming, and budgeting system. (5) Factors inhibiting efficient and effective execution of the functions of the Office, including factors relating to— (A) duplication of functions (both within the Office and between the Office and other elements of the Department); (B) insufficient information; and (C) insufficient resources (including personnel). (6) Alternative allocations of authorities and functions of the Office and other reorganization proposals for the Office, includ- ing the desirability of— (A) establishing Under Secretaries of Defense for mission- oriented areas of responsibility; (B) decentralizing functions of the Office; (C) reducing the number of officials reporting directly to the Secretary of Defense; and (D) changing the ratio of members of the Armed Forces to civilian employees in the Office. (7) Whether political appointees in the Office of the Secretary of Defense have sufficient experience and expertise, upon appointment, to be capable of contributing immediately to effec- tive policy formulation and management. (e) ANALYSIS OF CIVIUAN CONTROL.—(1) The Secretary of Defense, in considering under subsection (d)(1)(A) whether effective civilian control of the Department of Defense is best assisted by the current structure of the Office, shall examine the functions performed in the Office by— (A) members of the Armed Forces on the active-duty list; and (B) members of the Armed Forces in a retired status and members of the reserve components who are employed in a civilian capacity. Wages. (2) Such examination shall include a determination of the total number of positions in the Office of the Secretary of Defense above PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1001 grade GS-8 and the military equivalent (as determined by the Secretary of Defense), and of such number— (A) the number of positions held by members of the Armed Forces on the active-duty list, shown for the military equivalent of each civilian pay grade by number and as a percentage of the total number of positions in the Office in the civilian pay grade concerned and in the military equivalent of such civilian pay grade; (B) the number of such positions held by members of the Armed Forces in a retired status who are serving in a civilian capacity, shown for each civilian pay grade in the same manner as provided under clause (A); and (C) the number of such positions held by members of the reserve components who are serving in a civilian capacity, shown for each civilian pay grade in the same manner as provided under clause (A). (3) In determining the total number of positions in the Office of the Secretary of Defense in grades above GS-8, the Secretary shall exclude positions which are primarily clerical or secretarial. (f) INDEPENDENT CONTRACTOR STUDY.—The Secretary shall provide for an independent study to be carried out by a contractor to consider the same matters required to be considered by the Sec- retary under subsection (d). The Secretary shall ensure that the contractor has full access to such information as the contractor requires and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Defense. (g) REPORT TO CONGRESS.—(1) The Secretary of Defense shall submit to Congress a report on the Secretary's study under subsec- tion (a). The report shall include— (A) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (d); (B) the findings and statistical determinations required under subsection (e); and (C) any recommendations of the Secretary for organizational changes in the Office of the Secretary of Defense and a descrip- tion of the means for implementing each recommendation. (2) The Secretary shall include with the report a copy of the reports to the Secretary under subsections (b) and (c) and a copy of the report of the independent contractor under subsection (f), to- gether with such comments on each such report as the Secretary considers appropriate. (3) The report under this subsection shall be submitted not later than one year after the date of the enactment of this Act. SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS (a) CONFORMING AMENDMENT FOR OFFICE OF SECRETARY OF DE- FENSE.—Chapter 41 is amended— lO use 7ii et (1) by striking out section 718; and *^9- (2) by striking out the item relating to that section in the table of sections at the beginning of such chapter. (b) REVISION OF OLD SECTION 138.—Section 114 (as transferred and redesignated by section 101(a)) is amended— (1) by striking out the section heading and inserting in lieu thereof the following: 100 STAT. 1002 PUBLIC LAW 99-433—OCT. 1, 1986 10 use 114. "§ 114. Annual authorization of appropriations"; (2) by transferring subsection (h) to the end of section 113 (as transferred and redesignated by section 101(a) and amended by section 102) and redesignating such subsection as subsection (i); (3) by striking out "(as defined in subsection (f))" in subsection (a)(6); (4) by inserting after subsection.(a) the following: "§ 115. Annual authorization of personnel strengths; annual man- power requirements report"; (5) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively; (6) by inserting after such subsection (c) (as so redesignated) the JPoUowing: *'§ 116. Annual operations and maintenance report"; (7) by redesignating subsection (e) as subsection (a); (8) by transferring subsection (fKl) to the end of section 114 (as determined by the amendments made by this subsection) and striking out "(fKD" therein and inserting in lieu thereof "(b)"; (9) by striking out "(2) In subsection (e)" and inserting in lieu thereof "(b) In this section"; (10) by striking out "(A) 'Combat" and "(B) 'Major" and inserting in lieu thereof "(1) The term 'combat" and "(2) The term 'major", respectively; and (11) by transferring subsections (g) and (i) to the end of section 114 (as determined by the amendments made by this subsection) and redesignating such subsections as subsections (c) and (d), respectively. (c) TECHNICAL AMENDMENTS.—(1) Section 133 (as redesignated by section 101(a)) is amended by inserting "of Defense" in subsection (a) after "Under Secretary". (2) The heading of chapter 3 is amended to read £is follows: "CHAPTER 3—GENERAL POWERS AND FUNCTIONS". (d) REVISED SECTION HEADINGS.—(1) The heading of section 112 (as redesignated by section 101(a)) is amended to read as follows: "§ 112. Department of Defense: seal". (2) The heading of section 113 (as redesignated by section 101(a)) is amended to read as follows: "§ 113. Secretary of Defense". (3) The heading of section 117 (as redesignated by section 101(a)) is amended to read as follows: "§ 117. Annual report on North Atlantic Treaty Organization readi- ness". (4) The heading of section 127 {as redesignated by section 101(a)) is amended to read as follows: "§ 127. Emergency and extraordinary expenses". (5) The heading of section 128 (as redesignated by section 101(a)) is amended to read as follows: PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1003 "§ 128. Funds transfers for foreign cryptologic support". (6) The heading of section 130 (as redesignated by section 101(a)) is amended to read as follows: "§ 130. Authority to withhold from public disclosure certain tech- nical data". (7) The heading of section 132 (as redesignated by section 101(a)) is amended to read as follows: "§ 132. Deputy Secretary of Defense". (8) The heading of section 133 (as redesignated by section 101(a)) is amended to read as follows: "§ 133. Under Secretary of Defense for Acquisition". (9) The heading of section 136 is amended to read as follows: "§ 136. Assistant Secretaries of Defense". (10) The heading of section 138 (as redesignated by section 101(a)) is amended to read as follows: "§ 138. Director of Operational Test and Evaluation". (11) The heading of section 139 (as redesignated by section 101(a)) is amended to read as follows: "§ 139. General Counsel". (12) The heading of section 2431 (as redesignated by section 101(a)) is amended to read as follows: "§ 2431. Weapons development and procurement schedules". (13) The heading of section 2432 (as redesignated by section 101(a)) is amended to read as follows: "§ 2432. Selected Acquisition Reports". (14) The heading of section 2433 (as redesignated by section 101(a)) is amended to read as follows: "§ 2433. Unit cost reports". (15) The heading of section 2434 (as redesignated by section 101(a)) is amended to read as follows: "§ 2434. Independent cost estimates". (e) CLERICAL AMENDMENTS FOR REORGANIZATION OF CHAPTER 4.— (1) The table of sections at the beginning of chapter 3 is amended by adding at the end the following new items: "127. Emergency and extraordinary expenses. "128. Funds transfers for foreign cryptologic support. "129. Prohibition of certain civilian personnel management constraints. "130. Authority to withhold from public disclosure certain technical data.". (2) The table of sections at the beginning of chapter 4 is amended to read as follows: "Sec. "131. Office of the Secretary of Defense. "132. Deputy Secretary of Defense. "133. Under Secretary of Defense for Acquisition. "134. Under Secretary of Defense for Policy. "135. Director of Defense Research and Engineering. 100 STAT. 1004 PUBLIC LAW 99-433—OCT. 1, 1986 "136. Assistant Secretaries of Defense. "" "137. Comptroller. "138. Director of Operational Test and Evaluation. "139. General Counsel. ' ' "140. Inspector General.". (g) CROSS REFERENCE AMENDMENTS TO TITLE 10.—(1) Section 138(aX2)(B) (as redesignated by section 101(a)) is amended by striking out "section 139a(aXl)" and inserting in lieu thereof "section 2432(aXl)". (2) Section 1621(3) is amended by striking out "section 139a(aXl)" and inserting in lieu thereof "section 2432(aXl)". (3) Section 2305a(d) is amended— (A) by striking out "section 139a(a)" in paragraph (1) and inserting in lieu thereof "section 2432(a)"; and (B) by striking out "section 139a(a)(l)(B)" both places it ap- pears in paragraph (2) and inserting in lieu thereof "section 2432(aXlXB)". (4) Section 2362(eX2) is amended by striking out "section 139a" and inserting in lieu thereof "section 2432". (5) Section 2403(e) is amended by striking out "section 139a" in paragraphs (1) and (2) and inserting in lieu thereof "section 2432". (6) Section 2431 (as redesignated by section 101(a)) is amended by striking out "section 138(a)" in subsection (a) and inserting in lieu thereof "section 114(a)". (7) Section 2432(c) (as redesignated by section 101(a)) is amended by striking out "section 139" in subsection (cXD and inserting in lieu thereof "section 2431". (8) Section 2433 (as redesignated by section 101(a)) is amended— (A) by striking out "section 139a(a)" in subsection (aXD and inserting in lieu thereof "section 2432(a)"; and (B) by striking out "section 139aOt))(3)" in subsection 0^) and inserting in lieu thereof "section 2432(b)(3)". (9) Section 2434(bXl) (as redesignated by section 101(a)) is amended by striking out "section 139a(aXl)" and inserting in lieu thereof "section 2432(aXl)". (10) Section 8062(e) is amended by striking out "section 138" and inserting in lieu thereof "section 114". (h) CROSS REFERENCE AMENDMENTS TO OTHER ACTS.—(1) Section 51(cXl) of the Arms Export Control Act (22 U.S.C. 2795(cXl)) is amended by striking out "section 138(g)" and inserting in lieu thereof "section 114(c)". (2) Section 53(b) of the Arms Export Control Act (22 U.S.C. 2795b03)) is amended by striking out "section 139(a)" and inserting in lieu thereof "section 2431(a)". (3) Section 303(c) of the Internal Security Act of 1950 (50 U.S.C. 833(c)) is amended by striking out "section 133(d)" and inserting in lieu thereof "section 113(d)". TITLE II—MILITARY ADVICE AND COMMAND FUNCTIONS PART A—JOINT CHIEFS OF STAFF SEC. 201. REVISED FUNCTIONS OF CHAIRMAN; ESTABLISHMENT OF VICE CHAIRMAN Chapter 5 is amended to read as follows: PUBLIC LAW 9 9 - 4 3 3 - O C T. 1, 1986 100 STAT. 1005 "CHAPTER 5—JOINT CHIEFS OF STAFF "Sec. "151. Joint Chiefs of Staff: composition; functions. "152. Chairman: appointment; rank. "153. Chairman: functions. "154. Vice Chairman. "155. Joint Staff. "§ 151. Joint Chiefs of Staff: composition; functions 10 USC 151. "(a) COMPOSITION.—There are in the Department of Defense the Joint Chiefs of Staff, headed by the Chairman of the Joint Chiefs of Staff. The Joint Chiefs of Staff consist of the following: "(1) The Chairman. "(2) The Chief of Staff of the Army. "(3) The Chief of Naval Operations. "(4) The Chief of Staff of the Air Force. "(5) The Commandant of the Marine Corps. "(b) FUNCTION AS MILITARY ADVISERS.—(1) The Chairman of the Joint Chiefs of Staff is the principal military adviser to the Presi- dent, the National Security Council, and the Secretary of Defense. "(2) The other members of the Joint Chiefs of Staff are military advisers to the President, the National Security Council, and the Secretary of Defense as specified in subsections (d) and (e). "(c) CONSULTATION BY CHAIRMAN.—(1) In carrying out his func- tions, duties, and responsibilities, the Chairman shall, as he consid- ers appropriate, consult with and seek the advice of^ "(A) the other members of the Joint Chiefs of Staff; and "(B) the commanders of the unified and specified combatant commands. "(2) Subject to subsection (d), in presenting advice with respect to any matter to the President, the National Security Council, or the Secretary of Defense, the Chairman shall, as he considers appro- priate, inform the President, the National Security Council, or the Secretary of Defense, as the case may be, of the range of military advice and opinion with respect to that matter. "(d) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN.— (1) A member of the Joint Chiefs of Staff (other than the Chairman) may submit to the Chairman advice or an opinion in disagreement with, or advice or an opinion in addition to, the advice presented by the Chairman to the President, the National Security Council, or the Secretary of Defense. If a member submits such advice or opinion, the Chairman shall present the advice or opinion of such member at the same time he presents his own advice to the Presi- dent, the National Security Council, or the Secretary of Defense, as the case may be. "(2) The Chairman shall establish procedures to ensure that the presentation of his own advice to the President, the National Secu- rity Council, or the Secretary of Defense is not unduly delayed by reason of the submission of the individual advice or opinion of another member of the Joint Chiefs of Staff. "(e) ADVICE ON REQUEST.—The members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advis- ers, shall provide advice to the President, the National Security Council, or the Secretary of Defense on a particular matter when the President, the National Security Council, or the Secretary requests such advice. 100 STAT. 1006 PUBLIC LAW 99-433—OCT. 1, 1986 "(f) RECOMMENDATIONS TO CONGRESS.—After first informing the Secretary of Defense, a member of the Joint Chiefs of Staff may make such recommendations to Congress relating to the Depart- ment of Defense as he considers appropriate. "(g) MEETINGS OF JCS.—(1) The Chairman shall convene regular meetings of the Joint Chiefs of Staff. "(2) Subject to the authority, direction, and control of the Presi- dent and the Secretary of Defense, the Chairman shall— "(A) preside over the Joint Chiefs of Staff; "(B) provide agenda for the meetings of the Joint Chiefs of Staff (including, as the Chairman considers appropriate, any subject for the agenda recommended by any other member of the Joint Chiefs of Staff); "(C) assist the Joint Chiefs of Staff in carrying on their business as promptly as practicable; and "(D) determine when issues under consideration by the Joint Chiefs of Staff shall be decided. 10 use 152. "§ 152. Chairman: appointment; rank "(a) APPOINTMENT; TERM OF OFFICE.—(1) There is a Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular components of the armed forces. The Chairman serves at the pleas- ure of the President for a term of two years, beginning on October 1 of odd-numbered years. Subject to paragraph (3), an officer serving as Chairman may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments. "(2) In the event of the death, retirement, resignation, or reassign- ment of the officer serving as Chairman before the end of the term for which the officer was appointed, an officer appointed to fill the vacancy shall serve as Chairman only for the remainder of the original term, but may be reappointed as provided in paragraph (1). "(3) An officer m ^ not serve as Chairman or Vice Chairman of the Joint Chiefs of Staff if the combined period of service of such officer in such positions exceeds six years. However, the President may extend to eight years the combined period of service an officer may serve in such positions if he determines such action is in the national interest. The limitations of this paragraph do not apply in time of war. "(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may ap- point an officer as Chairman of the Joint Chiefs of Staff only if the officer has served as— "(A) the Vice Chairman of the Joint Chiefs of Staff; "(B) the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Com- mandant of the Marine Corps; or "(C) the commander of a unified or specified combatant command. "(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest. "(c) GRADE AND RANK.—The Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces. However, he may not exercise military command over the Joint Chiefs of Staff or any of the armed forces. PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1007 "§ 153. Chairman: functions 10 USC 153. "(a) PLANNING; ADVICE; POUCY FORMULATION.—Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman of the Joint Chiefs of Staff shall be responsible for the following: "(1) STRATEGIC DIRECTION.—Assisting the President and the Secretary of Defense in providing for the strategic direction of the armed forces. "(2) STRATEGIC PLANNING.—(A) Preparing strategic plans, including plans which conform with resource levels projected by the Secretary of Defense to be available for the period of time for which the plans are to be effective. "(B) Preparing joint logistic and mobility plans to support those strategic plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans. "(C) Performing net assessments to determine the capabilities of the armed forces of the United States and its allies as compared with those of their potential adversaries. "(3) CONTINGENCY PLANNING; PREPAREDNESS.—(A) Providing for the preparation and review of contingency plans which conform to policy guidance from the President and the Sec- retary of Defense. "(B) Preparing joint logistic and mobility plans to support those contingency plans and recommending the assignment of logistic and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans. "(C) Advising the Secretary on critical deficiencies and strengths in force capabilities (including manpower, logistic, and mobility support) identified during the preparation and review of contingency plans and assessing the effect of such deficiencies and strengths on meeting national security objec- tives and policy and on strategic plans. "(D) Establishing and maintaining, after consultation with the commanders of the unified and specified combatant com- mands, a uniform system of evaluating the preparedness of each such command to carry out missions assigned to the command. "(4) ADVICE ON REQUIREMENTS, PROGRAMS, AND BUDGET.—(A) Advising the Secretary, under section 163(b)(2) of this title, on the priorities of the requirements identified by the commanders of the unified and specified combatant commands. "(B) Advising the Secretary on the extent to which the pro- gram recommendations and budget proposals of the military departments and other components of the Department of De- fense for a fiscal year conform with the priorities established in strategic plans and with the priorities established for the requirements of the unified and specified combatant commands. "(C) Submitting to the Secretary alternative program rec- ommendations and budget proposals, within projected resource levels and guidance provided by the Secretary, in order to achieve greater conformance with the priorities referred to in clause (B). "(D) Recommending to the Secretary, in accordance with section 166 of this title, a budget proposal for activities of each unified and specified combatant command. 100 STAT. 1008 PUBLIC LAW 99-433—OCT. 1, 1986 "(E) Advising the Secretary on the extent to which the major programs and poHcies of the armed forces in the area of man- power conform with strategic plans. "(F) Assessing military requirements for defense acquisition programs. "(5) DOCTRINE, TRAINING, AND EDUCATION.—(A) Developing doctrine for the joint employment of the armed forces. "(B) Formulating policies for the joint training of the armed forces. "(C) Formulating policies for coordinating the military edu- cation and training of members of the armed forces. "(6) OTHER MATTERS.—(A) Providing for representation of the United States on the Military Staff Committee of the United Nations in accordance with the Charter of the United Nations. "(B) Performing such other duties as may be prescribed by law or by the President or the Secretary of Defense. "(b) REPORT ON ASSIGNMENT OF ROLES AND MISSIONS.—(1) Not less than once every three years, or upon the request of the President or the Secretary of Defense, the Chairman shall submit to the Sec- retary of Defense a report containing such recommendations for changes in the assignment of functions (or roles and missions) to the armed forces as the Chairman considers necessary to achieve maxi- mum effectiveness of the armed forces. In preparing each such report, the Chairman shall consider (among other matters) the following: "(A) Changes in the nature of the threats faced by the United States. "(B) Unnecessary duplication of effort among the armed forces. "(C) Changes in technology that can be applied effectively to warfare. "(2) The Chairman shall include in each such report recommenda- tions for such changes in policies, directives, regulations, and legisla- tion as may be necessary to achieve the changes in the assignment of functions recommended by the Chairman. 10 use 154. "§ 154. Vice Chairman "(a) APPOINTMENT.—(1) There is a Vice Chairman of the Joint Chiefs of Staff, appointed by the President, by and with the advice and consent of the Senate, from the officers of the regular compo- nents of the armed forces. "(2) The Chairman and Vice Chairman may not be members of the same armed force. However, the President may waive the restriction in the preceding sentence for a limited period of time in order to provide for the orderly transition of officers appointed to serve in the positions of Chairman and Vice Chairman. "(3) The Vice Chairman serves at the pleasure of the President for a term of two years and may be reappointed in the same manner for two additional terms. However, in time of war there is no limit on the number of reappointments. "(b) REQUIREMENT FOR APPOINTMENT.—(1) The President may ap- point an officer as Vice Chairman of the Joint Chiefs of Staff only if the officer— "(A) has the joint specialty under section 661 of this title; and "(B) has served in at least one joint duty assignment (as defined under section 668(b) of this title) as a general or flag officer. PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1009 "(2) The President may waive paragraph (1) in the case of an officer if the President determines such action is necessary in the national interest. "(c) DUTIES.—The Vice Chairman performs such duties as may be prescribed by the Chairman with the approval of the Secretary of Defense. "(d) FUNCTION AS ACTING CHAIRMAN.—When there is a vacancy in the office of Chairman or in the absence or disability of the Chair- man, the Vice Chairman acts as Chairman and performs the duties of the Chairman until a successor is appointed or the absence or disability ceases. "(e) SUCCESSION AFTER CHAIRMAN AND VICE CHAIRMAN.—When there is a vacancy in the offices of both Chairman and Vice Chair- man or in the absence or disability of both the Chairman and the Vice Chairman, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the Presi- dent shall designate a member of the Joint Chiefs of Staff to act as and perform the duties of the Chairman until a successor to the Chairman or Vice Chairman is appointed or the absence or disabil- ity of the Chairman or Vice Chairman ceases. "(f) PARTICIPATION IN J C S MEETINGS.—The Vice Chairman may participate in all meetings of the Joint Chiefs of Staff, but may not vote on a matter before the Joint Chiefs of Staff except when acting as Chairman. "(g) GRADE AND RANK.—The Vice Chairman, while so serving, holds the grade of general or, in the case of an officer of the Navy, admiral and outranks all other officers of the armed forces except the Chairman. The Vice Chairman may not exercise military com- mand over the Joint Chiefs of Staff or any of the armed forces. "§ 155. Joint Staff lO use 155. "(a) APPOINTMENT OF OFFICERS TO JOINT STAFF.—(1) There is a Joint Staff under the Chairman of the Joint Chiefs of Staff. The Joint Staff assists the Chairman and, subject to the authority, direction, and control of the Chairman, the other members of the Joint Chiefs of Staff and the Vice Chairman in carrying out their responsibilities. "(2) Officers of the armed forces (other than the Coast Guard) assigned to serve on the Joint Staff shall be selected by the Chair- man in approximately equal numbers from— "(A) the Army; "(B) the Navy and the Marine Corps; and "(C) the Air Force. "(3) Selection of officers of an armed force to serve on the Joint Staff shall be made by the Chairman from a list of officers submitted by the Secretary of the military department having jurisdiction over that armed force. Each officer whose name is submitted shall be among those officers considered to be the most outstanding officers of that armed force. The Chairman may specify the number of officers to be included on any such list. "(b) DIRECTOR.—The Chairman of the Joint Chiefs of Staff, after consultation with the other members of the Joint Chiefs of Staff and with the approval of the Secretary of Defense, may select an officer to serve as Director of the Joint Staff. "(c) MANAGEMENT OF JOINT STAFF.—The Chairman of the Joint Chiefs of Staff manages the Joint Staff and the Director of the Joint Staff. The Joint Staff shall perform such duties as the Chairman 100 STAT. 1010 PUBLIC LAW 99-433—OCT. 1, 1986 prescribes and shall perform such duties under such procedures as the Chairman prescribes. "(d) OPERATION OF JOINT STAFF.—The Secretary of Defense shall ensure that the Joint Staff is independently organized and operated so that the Joint Staff supports the Chairman of the Joint Chiefs of Staff in meeting the congressional purpose set forth in the last clause of section 2 of the National Security Act of 1947 (50 U.S.C. 401) to provide— "(1) for the unified strategic direction of the combatant forces; "(2) for their operation under unified command; and "(3) for their integration into an efficient team of land, naval, and air forces. "(e) PROHIBITION OF FUNCTION AS ARMED FORCES GENERAL STAFF.—The Joint Staff shall not operate or be organized as an overall Armed Forces General Staff and shall have no executive authority. The Joint Staff may be organized and may operate along conventional staff lines. "(f) TOUR OF DUTY OF JOINT STAFF OFFICERS.—(1) An officer who is assigned or detailed to permanent duty on the Joint Staff may not serve for a tour of duty of more than four years. However, such a tour of duty may be extended with the approval of the Secretary of Defense. "(2) In accordance with procedures established by the Secretary of Defense, the Chairman of the Joint Chiefs of Staff may suspend from duty and recommend the reassignment of any officer assigned to the Joint Staff. Upon receipt of such a recommendation, the Secretary concerned shall promptly reassign the officer. "(3) An officer completing a tour of duty with the Joint Staff may not be assigned or detailed to permanent duty on the Joint Staff within two years after relief from that duty except with the ap- proval of the Secretary. "(4) Paragraphs (1) and (3) do not apply— "(A) in time of war; or "(B) during a national emergency declared by the President. "(g) LIMITATION ON SIZE OF JOINT STAFF.—(1) Effective on October 1, 1988, the total number of members of the armed forces and civilian personnel assigned or detailed to permanent duty on the Joint Staff may not exceed 1,627. "(2) Paragraph (1) does not apply— "(A) in time of war; or "(B) during a national emergency declared by Congress. "(h) COMPOSITION OF JOINT STAFF.—(1) The Joint Staff is composed of all members of the armed forces and civilian employees assigned or detailed to permanent duty in the executive part of the Depart- ment of Defense to perform the functions and duties prescribed under subsections (a) and (c). "(2) The Joint Staff does not include members of the armed forces or civilian employees assigned or detailed to permanent duty in a military department.". SEC. 202. PROVISIONS RELATING TO VICE CHAIRMAN (a) EXEMPTION OF VICE CHAIRMAN FROM 4-STAR GRADE LIMITA- 10 use 525. TiON.—Section 525(b)(3) is amended by inserting "or Vice Chairman" after "Chairman". (b) RANK OF VICE CHAIRMAN.—Section 743 is amended— (1) by striking out "and" after "Chief of Naval Operations,"; PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1011 (2) by inserting ", and the Commandant of the Marine Corps" after "Air Force"; and (3) by inserting "and the Vice Chairman" after "Chairman". SEC. 203. PARTICIPATION IN NATIONAL SECURITY COUNCIL MEETINGS Section 101 of the National Security Act of 1947 (50 U.S.C. 402) is amended by adding at the end the following new subsection: "(e) The Chairman (or in his absence the Vice Chairman) of the Joint Chiefs of Staff may, in his role as principal military adviser to '' * the National Security Council and subject to the direction of the President, attend and participate in meetings of the National Secu- rity Council.". SEC. 204. TRANSITION (a) PREPAREDNESS EVALUATION SYSTEM.—The uniform system of iousci53note. evaluating the preparedness of each unified and specified combatant command required to be established by paragraph (3XD) of section 153(a) of title 10, United States Code, as added by section 201 of this Act, shall be established not later than one year after the date of the enactment of this Act. (b) DATE FOR FIRST REPORT.—The first report under section 153(b) 10 USC153 note. of title 10, United States Code, as added by section 201 of this Act, shall be submitted by the Chairman of the Joint Chiefs of Staff not later than two years after the date of the enactment of this Act. (c) WAIVER OF QUAUFICATIONS FOR APPOINTMENT AS VICE CHAIR- ID use 154 note. MAN OF JCS.—(1) The President may waive, as provided in para- graph (2), the requirements provided for in section 154(b) of title 10, United States Code (as added by section 201 of this Act), relating to requirements for appointment of an officer as Vice Chairman of the Joint Chiefs of Staff. (2) In exercising such waiver authority, the President may— (A) waive the requirement that the officer have the joint specialty; (B) waive the requirement under section 664 of such title (as added by section 401 of this Act) for the length of a joint duty assignment if the officer has served in such an assignment for not less than two years; and (C) consider as a joint duty assignment any tour of duty - served by the officer as a general or flag officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under regulations in effect at the time the assignment began. (3XA) A waiver under paragraph (2XA) may not be made more than two years after the date of the enactment of this Act. (B) A waiver under paragraph (2XB) or (2XC) may not be made more than four years after the date of the enactment of this Act. PART B—COMBATANT COMMANDS SEC. 211. ESTABLISHMENT OF COMBATANT COMMANDS AND AUTHORITY OF COMMANDERS (a) IN GENERAL.—Part I of subtitle A is amended by inserting after lo use loi et chapter 5 the following new chapter: seq. 100 STAT. 1012 PUBLIC LAW 99-433—OCT. 1, 1986 "CHAPTER 6—COMBATANT COMMANDS "Sec. "161. Combatant commands: establishment. "162. Combatant commands: assigned forces; chain of command.. "163. Role of Chairman of Joint Chiefs of Staff. "164. Commanders of combatant commands: assignment; powers and duties. "165. Combatant commands: administration and support. "166. Combatant commands: budget proposals. 10 use 161. "§ 161. Combatant commands: establishment President of U.S. "(a) UNIFIED AND SPECIFIED COMBATANT COMMANDS.—With t h e advice and assistance of the Chairman of the Joint Chiefs of Staff, the President, through the Secretary of Defense, shall— "(1) establish unified combatant commands and specified combatant commands to perform military missions; and "(2) prescribe the force structure of those commands. "(b) PERIODIC REVIEW.—(1) The Chairman periodically (and not less often than every two years) shall— "(A) review the missions, responsibilities (including geo- graphic boundaries), and force structure of each combatant command; and "(B) recommend to the President, through the Secretary of Defense, any changes to such missions, responsibilities, and force structures as may be necessary. President of U.S. "(2) Except during time of hostilities or imminent threat of hos- tilities, the President shall notify Congress not more than 60 days after— "(A) establishing a new combatant command; or "(B) significantly revising the missions, responsibilities, or force structure of an existing combatant command. "(c) DEFINITIONS.—In this chapter: "(1) The term 'unified combatant command' means a military command which has broad, continuing missions and which is composed of forces from two or more militarv departments. "(2) The term 'specified combatant command means a mili- tary command which has broad, continuing missions and which is normally composed of forces from a single military depart- ment. "(3) The term 'combatant command' means a unified combat- ant command or a specified combatant command. "§ 162. Combatant commands: assigned forces; chain of command "(a) ASSIGNMENT OF FORCES.—(1) Except as provided in paragraph (2), the Secretaries of the military departments shall assign all forces under their jurisdiction to unified and specified combatant commands to perform missions Eissigned to those commands. Such assignments shall be made as directed by the Secretary of Defense, including direction as to the command to which forces are to be assigned. The Secretary of Defense shall ensure that such assign- ments are consistent with the force structure prescribed by the President for each combatant command. "(2) Except as otherwise directed by the Secretary of Defense, forces to be assigned by the Secretaries of the military departments to the combatant commands under paragraph (1) do not include forces assigned to carry out functions of the Secretary of a military department listed in sections 3013(b), 5013(b), and 8013(b) of this title. PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1013 "(3) A force assigned to a combatant command under this section may be transferred from the command to which it is assigned only— "(A) by authority of the Secretary of Defense; and "(B) under procedures prescribed by the Secretary and ap- proved by the President. "(4) Except as otherwise directed by the Secretary of Defense, all forces operating within the geographic area assigned to a unified combatant command shall be assigned to, and under the command of, the commander of that command. The preceding sentence applies to forces assigned to a specified combatant command only as pre- scribed by the Secretary of Defense. "(b) CHAIN OF COMMAND.—Unless otherwise directed by the Presi- dent, the chain of command to a unified or specified combatant command runs— "(1) from the President to the Secretary of Defense; and "(2) from the Secretary of Defense to the commander of the combatant command. "§ 163. Role of Chairman of Joint Chiefs of Staff 10 use 163. "(a) COMMUNICATIONS THROUGH CHAIRMAN OF J C S ; ASSIGNMENT OF DUTIES.—Subject to the limitations in section 152(c) of this title, the President may— "(1) direct that communications between the President or the Secretary of Defense and the commanders of the unified and specified combatant commands be transmitted through the Chairman of the Joint Chiefs of Staff; and "(2) assign duties to the Chairman to assist the President and the Secretary of Defense in performing their command function. "(b) OVERSIGHT BY CHAIRMAN OF JOINT CHIEFS OF STAFF.—(1) The Secretary of Defense may assign to the Chairman of the Joint Chiefs of Staff responsibility for overseeing the activities of the combatant commands. Such assignment by the Secretary to the Chairman does not confer any command authority on the Chairman and does not alter the responsibility of the commanders of the combatant com- mands prescribed in section 164(bX2) of this title. "(2) Subject to the authority, direction, and control of the Sec- retary of Defense, the Chairman of the Joint Chiefs of Staff serves as the spokesman for the commanders of the combatant commands, especially on the operational requirements of their commands. In performing such function, the Chairman shall— "(A) confer with and obtain information from the com- manders of the combatant commands with respect to the requirements of their commands; "(B) evaluate and integrate such information; "(C) advise and make recommendations to the Secretary of Defense with respect to the requirements of the combatant commands, individually and collectively; and "(D) communicate, as appropriate, the requirements of the combatant commands to other elements of the Department of Defense. "§ 164. Commanders of combatant commands: assignment; powers and duties "(a) ASSIGNMENT AS COMBATANT COMMANDER.—(1) The President may assign an officer to serve as the commander of a unified or specified combatant command only if the officer— "(A) h£is the joint specialty under section 661 of this title; and 100 STAT. 1014 PUBLIC LAW 99-433—OCT. 1, 1986 "(B) has served in at least one joint duty assignment (as defined under section 668(b) of this title) as a general or flag officer. "(2) The President may waive paragraph (1) in the case of an officer if the President determines that such action is necessary in the national interest. "(b) RESPONSIBILITIES OF COMBATANT COMMANDERS.—(1) The com- mander of a combatant command is responsible to the President and to the Secretary of Defense for the performance of missions assigned to that command by the President or by the Secretary with the approval of the President. "(2) Subject to the direction of the President, the commander of a combatant command— "(A) performs his duties under the authority, direction, and control of the Secretary of Defense; and "(B) is directly responsible to the Secretary for the prepared- ness of the command to carry out missions assigned to the command. "(c) COMMAND AUTHORITY OF COMBATANT COMMANDERS.—(1) Unless otherwise directed by the President or the Secretary of Defense, the authority, direction, and control of the commander of a combatant command with respect to the commands and forces assigned to that command include the command functions of— "(A) giving authoritative direction to subordinate commands and forces necessary to carry out missions assigned to the command, including authoritative direction over all aspects of military operations, joint training, and logistics; "(B) prescribing the chain of command to the commands and forces within the command; "(C) organizing commands and forces within that command as he considers necessary to carry out missions assigned to the command; "(D) employing forces within that command as he considers necessary to carry out missions assigned to the command; "(E) assigning command functions to subordinate com- manders; "(F) coordinating and approving those aspects of administra- tion and support (including control of resources and equipment, internal organization, and training) and discipline necessary to carry out missions assigned to the' command; and "(G) exercising the authority with respect to selecting subordinate commanders, selecting combatant command staf^ suspending subordinates, and convening courts-martial, as pro- vided in subsections (e), (f), and (g) of this section and section 822(a) of this title, respectively. "(2)(A) The Secretary of Defense shall ensure that a commander of a combatant command has sufficient authority, direction, and con- trol over the commands and forces assigned to the command to exercise effective command over those commands and forces. In carrying out this subparagraph, the Secretary shall consult with the Chairman of the Joint Chiefs of Staff. "(B) The Secretary shall periodically review and, after consulta- tion with the Secretaries of the military departments, the Chairman of the Joint Chiefs of Staff, and the commander of the combatant command, assign authority to the commander of the combatant command for those aspects of administration and support that the PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1015 Secretary considers necessary to carry out missions assigned to the command. "(3) If a commander of a combatant command at any time consid- ers his authority, direction, or control with respect to any of the commands or forces assigned to the command to be insufficient to command effectively, the commander shall promptly inform the Secretary of Defense. "(d) AUTHORITY OVER SUBORDINATE COMMANDERS.—Unless other- wise directed by the President or the Secretary of Defense— \ i "(1) commanders of commands and forces assigned to a combatant command are under the authority, direction, and i control of, and are responsible to, the commander of the combat- ant command on all matters for which the commander of the i combatant command has been assigned authority under subsec- tion (c); » "(2) the commander of a command or force referred to in clause (1) shall communicate with other elements of the Depart- ment of Defense on any matter for which the commander of the combatant command has been assigned authority under subsec- tion (c) in accordance with procedures, if any, established by the commander of the combatant command; f' "(3) other elements of the Department of Defense shall communicate with the commander of a command or force re- ferred to in clause (1) on any matter for which the commander of the combatant command has been assigned authority under subsection (c) in accordance with procedures, if any, established by the commander of the combatant command; and "(4) if directed by the commander of the combatant command, b the commander of a command or force referred to in clause (1) shall advise the commander of the combatant command of all communications to and from other elements of the Department of Defense on any matter for which the commander of the combatant command has not been assigned authority under subsection (c). "(e) SELECTION OF SUBORDINATE COMMANDERS.—(1) An officer may be assigned to a position as the commander of a command directly subordinate to the commander of a combatant command or, in the CEise of such a position that is designated under section 601 of this title as a position of importance and responsibility, may be rec- 10 use 601. ommended to the President for assignment to that position, only— "(A) with the concurrence of the commander of the combatant command; and "(B) in accordance with procedures established by the Sec- retary of Defense. "(2) The Secretary of Defense may waive the requirement under paragraph (1) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer if the Secretary of Defense deter- mines that such action is in the national interest. "(3) The commander of a combatant command shall— "(A) evaluate the duty performance of each commander of a command directly subordinate to the commander of such combatant command; and "(B) submit the evaluation to the Secretary of the military s department concerned and the Chairman of the Joint Chiefs of Staff. 100 STAT. 1016 PUBLIC LAW 99-433—OCT. 1, 1986 "(f) COMBATANT COMMAND STAFF.—(1) Each unified and specified combatant command shall have a staff to assist the commander of the command in carrying out his responsibilities. Positions of responsibility on the combatant command staff shall be filled by officers from each of the armed forces having significant forces assigned to the command. "(2) An officer may be assigned to a position on the staff of a combatant command or, in the case of such a position that is 10 use 601. designated under section 601 of this title as a position of importance and responsibility, may be recommended to the President for assign- ment to that position, only— "(A) with the concurrence of the commander of such com- mand; and "(B) in accordance with procedures established by the Secretary of Defense. "(3) The Secretary of Defense may waive the requirement under paragraph (2) for the concurrence of the commander of a combatant command with regard to the assignment (or recommendation for assignment) of a particular officer to serve on the staff of the combatant command if the Secretary of Defense determines that such action is in the national interest. "(g) AUTHORITY To SUSPEND SUBORDINATES.—In accordance with procedures established by the Secretary of Defense, the commander of a combatant command may suspend from duty and recommend the reassignment of any officer assigned to such combatant command. "§ 165. Combatant commands: administration and support "(a) IN GENERAL.—The Secretary of Defense, with the advice and assistance of the Chairman of the Joint Chiefs of Staff, shall provide for the administration and support of forces assigned to each combatant command. "(b) RESPONSIBILITY OF SECRETARIES OF MIUTARY DEPARTMENTS.— Subject to the authority, direction, and control of the Secretary of Defense and subject to the authority of commanders of the combat- ant commands under section 164(c) of this title, the Secretary of a military department is responsible for the administration and sup- port of forces assigned by him to a combatant command. "(c) ASSIGNMENT OF RESPONSIBILITY TO OTHER COMPONENTS OF DOD.—After consultation with the Secretaries of the military departments, the Secretary of Defense may assign the responsibility (or any part of the responsibility) for the administration and support of forces assigned to the combatant commands to other components of the Department of Defense (including Defense Agencies and combatant commands). A component assigned such a responsibility shall discharge that responsibility subject to the authority, direc- tion, and control of the Secretary of Defense and subject to the authority of commanders of the combatant commands under section 164(c) of this title. "§ 166. Combatant commands: budget proposals "(a) COMBATANT COMMAND BUDGETS.—The Secretary of Defense shall include in the annual budget of the Department of Defense submitted to Congress a separate budget proposal for such activities of each of the unified and specified combatant commands as may be determined under subsection (b). PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1017 "(b) CONTENT OF PROPOSALS.—A budget proposal under subsection (a) for funding of activities of a combatant command shall include funding proposals for such activities of the combatant command as the Secretary (after consultation with the Chairman of the Joint Chiefs of Staff) determines to be appropriate for inclusion. Activities of a combatant command for which funding may be requested in such a proposal include the following: "(1) Joint exercises. "(2) Force training. "(3) Contingencies. "(4) Selected operations.". (b) COURT-MARTIAL JURISDICTION.—Section 822(a) (article 22(a) of the Uniform Code of Military Justice) is amended— lO use 822. (1) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively; and (2) by inserting after paragraph (1) the following new para- ;*; i-u graphs (2) and (3): "(2) the Secretary of Defense; "(3) the commanding officer of a unified or specified com- batant command;". (c) REPEAL OF SECTION 124.—(1) Section 124 is repealed. (2) The table of sections at the beginning of chapter 3 is amended ^. ^ by striking out the item relating to that section. ''^"''"""' SEC. 212. INITIAL REVIEW OF COMBATANT COMMANDS 10 USC 161 note. (a) MATTERS To B E CONSIDERED.—The first review of the missions, responsibilities (including geographic boundaries), and force struc- ture of the unified and specified combatant commands under section 161(b) of title 10, United States Code, as added by section 211 of this Act, shall include consideration of the following: ^,, >^. (1) Creation of a unified combatant command for strategic missions which would combine— (A) the missions, responsibilities, and forces of the Strate- gic Air Command; , ,^ (B) the strategic missions, responsibilities, and forces of the Army and Navy; and (C) other appropriate strategic missions, responsibilities, and forces of the warmed forces. (2) Creation of a unified combatant command for special operations missions which would combine the special operations missions, responsibilities, and forces of the armed forces. (3) Creation of a unified combatant command for transpor- tation missions which would combine the transportation mis- sions, responsibilities, and forces of the Military Traffic Management Command, the Military Sealift Command, and the Military Airlift Command. (4) Creation of a unified combatant command for missions Asia. relating to defense of Northeast Asia. (5) Revision of the geographic area for which the United States Central Command has responsibility so as to include— (A) the ocean areas adjacent to Southwest Asia; and Asia. (B) the region of the Middle East that is assigned to the Middle East. United States European Command. (6) Revision of the geographic area for which the United Central States Southern Command has responsibility so as to include America. the ocean areas adjacent to Central America. 100 STAT. 1018 PUBLIC LAW 99-433—OCT. 1, 1986 Alaska. (7) Revision of the geographic area for which the United States Pacific Command has responsibility so as to include all of the State of Alaska. (8) Revision of the missions and responsibilities of the United States Readiness Command so as to include— (A) an enhanced role in securing the borders of the United States; and (B) assignment of regions of the world not assigned as part of the geographic area of responsibility of any other unified combatant command. (9) Revision of the division of missions and responsibilities between the United States Central Command and the United States Readiness Command. (10) Elimination of the command designated as United States Forces, Caribbean. Reports. (b) DEADLINE.—The first report to the President under such sec- tion shall be made not later than one year after the date of the enactment of this Act. SEC. 213. REPEAL OF CERTAIN LIMITATIONS ON COMMAND STRUCTURE (a) PROHIBITION AGAINST CONSOLIDATING FUNCTIONS OF THE MILI- TARY TRANSPORTATION COMMANDS.—Section 1110 of the Department 10 u s e 133 note. of Defense Authorization Act, 1983 (Public Law 97-252; 96 Stat. 747), is repealed. (b) PROHIBITION AGAINST ALTERING COMMAND STRUCTURE FOR MILITARY FORCES IN ALASKA.—Section 8106 of the Department of Defense Appropriations Act, 1986 (as contained in section 101(b) of Public Law 99-190 (99 Stat. 1221)), is repealed. SEC. 214. TRANSITION 10 u s e 162 note. (a) ASSIGNMENT OF FORCES TO COMBATANT COMMANDS.—Section 162(a) of title 10, United States Code (as added by section 211 of this Act), shall be implemented not later than 90 days after the date of the enactment of this Act. 10 u s e 164 note. (b) WAIVER OF QUALIFICATIONS FOR ASSIGNMENT AS COMBATANT COMMANDER.—(1) The President may waive, as provided in para- graph (2), the requirements provided for in section 164(a) of title 10, United States Code (as added by section 201 of this Act), relating to the assignment of commanders of the combatant commands. (2) In exercising such waiver authority, the President may, in the case of any officer— (A) waive the requirement that the officer have the joint specialty; (B) waive the requirement under section 664 of such title (as added by section 401 of this Act) for the length of a joint duty assignment if the officer has served in such an assignment for not less than two years; and (C) consider as a joint duty assignment any tour of duty served by the officer as a general or flag officer before the date of the enactment of this Act (or being served on the date of the enactment of this Act) that was considered to be a joint duty assignment or a joint equivalent assignment under regulations in effect at the time the assignment began. (3)(A) A waiver under paragraph (2)(A) may not be made more than two years after the date of the enactment of this Act. (B) A waiver under paragraph (2XB) or (2)(C) may not be made more than four years after the date of the enactment of this Act. PUBLIC LAW 99-433—OCT. 1, 1986 100 STAT. 1019 (4) A waiver under this subsection may be made only on a case-by- case basis. (c) SELECTION AND SUSPENSION FROM DUTY OF SUBORDINATE OFFI- Effective date. CERS.—Subsections (e), (f), and (g) of section 164 of title 10, United 10 u s e 164 note. States Code (as added by section 211 of this Act), shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act, or on such earlier date as may be prescribed by the Secretary of Defense. (d) BUDGET PROPOSALS.—Section 166 of title 10, United States Code Effective date. (as added by section 211 of this Act), shall take effect with budget 10 u s e 166 note. proposals for fiscal year 1989. TITLE III—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES SEC. 301. ESTABLISHMENT AND MANAGEMENT OF DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES (a) IN GENERAL.—Chapter 8 is amended— (1) by redesignating section 191 as section 201; and (2) by striking out the chapter heading and the table of sections at the beginning of such chapter and inserting in lieu thereof the following: "CHAPTER 8—DEFENSE AGENCIES AND DEPARTMENT OF DEFENSE FIELD ACTIVITIES "Subchapter Sec. " I. Common Supply and Service Activities 191 "II. Miscellaneous Defense Agency Matters 201 "SUBCHAPTER I—COMMON SUPPLY AND SERVICE ACTIVITIES 'Sec. '191. Secretary of Defense: authority to provide for common performance of supply or service activities. '192. Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense. '193. Combat support agencies: oversight. '194. Limitations on personnel. "§ 191. Secret

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